Can Prescription Medication Result in DUI Charges?
Many drivers are under the misconception that California’s driving under the influence (DUI) laws only apply to when a person consumes alcohol just before or while behind the wheel. Under state law, driving under the influence of controlled substances is against the law, even if alcohol is not involved. Controlled substances can include medical marijuana, illegal drugs, and prescription medications. The important issue is not whether the drugs were obtained legally, but whether the driver is impaired. Below, our San Diego DUI drugs defense lawyer explains in greater detail.
What Standard is Applied to DUI Drugs?
Drug impairment cannot be determined through a breath test, the same way as alcohol impairment is. Drug impairment occurs when a controlled substance affects your muscles, brain, or nervous system. The law asks whether the driver in question was able to drive with the same reasonable care as a sober person. If drugs cause blurred vision, impaired judgment, or slowed reaction times, law enforcement may determine that you are impaired. This same standard applies even if you took prescription medication as directed.
The prosecution has the burden of proof to show that you were impaired. Although using legal prescription medication does not automatically mean you are guilty, it also does not provide an automatic defense. DUI cases involving prescription drugs rely on procedure, evidence, and a strong defense strategy.
How Does Law Enforcement Identify DUI Drugs?
Like other DUI arrests, arrests involving DUI drugs typically begin when a police officer stops a driver based on probable cause. Officers will look for signs such as unusual behavior or erratic driving. After speaking to the driver, the officer may also ask drivers to submit to field sobriety tests.
Field sobriety tests help officers evaluate your focus and coordination. Some of the most common tests involve standing on one leg while counting or walking in a straight line. These tests are meant to help the officer determine if you are impaired, but they are also very subjective.
Even people who are sober can struggle with field sobriety tests. Nervousness, fatigue, and medical conditions can all negatively impact performance. Field sobriety tests are also highly subjective and rely on the officer’s own perceptions, interpretations, and biases. You are not required to submit to field sobriety tests and it is recommended that you refuse them. If you have already taken field sobriety tests and think you may have failed, it is important to speak to a criminal defense lawyer who can challenge the results.
Police officers may also ask for a blood test. Unlike field sobriety tests, you are required to submit to chemical tests such as blood, urine, or breath tests.
Call Our DUI Drugs Defense Lawyer in San Diego Today
Being charged with a drug DUI is very stressful, but the situation is not hopeless. At Anthony Z. Vargas, Esq., our San Diego DUI drugs defense lawyer can advise on the facts of your case, determine which defense strategy to use, and give you the best chance of a positive outcome. Call us now at 858-285-4595 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
